JUDGMENT - B.H. MARLAPALLE, J.:---Both these petitions have challenged the circular dated 5th of February, 1998 issued by the Director of Education, Maharashtra State at Pune, directing all the Education Officers (Secondary) of Zilla Parishads in the State not to grant approval to the appointments of Assistant Teachers who possess the B.Com. B.Ed. degree unless there is availability of work load in the respective subjects which they have studied up to the graduation level or in economics.

2. It has been submitted before us that under section 16 of the Maharashtra Employee of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act, for short), the State Government has framed the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (for short, MEPS Rules) and Rule 6 thereunder prescribes the minimum qualifications for the post of Assistant Teachers in primary schools, secondary schools, junior colleges and junior college of education. In these petitions, we are concerned with the appointments of Assistant Teachers in secondary schools. In Schedule B read with Rule 6 of the MEPS Rules, Part-II deals with qualifications for trained teachers in seco

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